Anil Singh @ Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50031 of 2015 Arising Out of PS.Case No. -431 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anil Singh @ Guddu Singh Son of Tuntun Singh, Resident of Village - Majurahan, P.S. - Turkaulia, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Smt. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Turkaulia P.S. Case No. 431 of 2015 registered for the offences punishable under Sections 341, 323, 342, 448, 354, 376/511, 387, 504 & 506 of the Indian Penal Code.

Allegedly the petitioner, at the point of Nalakatua (fire arm), directed the wife of the informant after entering into the house to go with him and on refusal, try to commit rape but due to alarm being raised, the petitioner went away after opening fire in the air and further remanded ransom.

Submission is of false implication and that during investigation, the offence under Section 376/511, 387 IPC and

Patna High Court Cr.Misc. No.50031 of 2015 (2) dt.14-12-2015 2/2 Section 27 of the Arms Act, have not been found true and accordingly the Supervising Authority has directed the I.O. to submit the case status. The petitioner is suffering in custody since 04.08.2015. Chargesheet has already been submitted and there is no chance of tampering with prosecution evidence. The learned A.P.P. fairly submits that it is a case of outraging the modesty of the wife of the informant. In the facts and circumstances stated above, considering the detention of the petitioner, now the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, East Champaran, Motihari arising out of Turkaulia P.S.

Case No. 431 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U